The court considered the appellant's previous unblemished record of service and the plausible explanation for the lost items, leading to the conclusion that extreme punishment of dismissal was not warranted, and directed the modification of the punishment to compulsory retirement.

Headnote:
Punishment - Compulsory Retirement - Unaccounted Service Revolver and Cartridges
Fact of the Case:

The appellant, with an unblemished record of service, lost a service revolver and six cartridges, leading to the question of punishment. The court found the extreme punishment of dismissal unwarranted and directed the respondents to modify the punishment to compulsory retirement, entitling the appellant to retiral benefits.
Finding of the Court:

The court considered the appellant's previous unblemished record of service and the plausible explanation for the lost items, leading to the conclusion that dismissal from service was not warranted. The court directed the modification of the punishment to compulsory retirement, entitling the appellant to retiral benefits.
Issues: Question of punishment for unaccounted service revolver and cartridges, consideration of appellant's previous service record, and the appropriateness of extreme punishment.
Ratio Decidendi: The court considered the appellant's unblemished record of service and the plausible explanation for the lost items, leading to the conclusion that extreme punishment of dismissal was not warranted, and directed the modification of the punishment to compulsory retirement.
Final Decision: The appeal was allowed, and the court directed the respondents to modify the punishment of dismissal as one of compulsory retirement, entitling the appellant to retiral benefits and all terminal benefits to be computed and paid within six months.

ORDER

1. Notice was issued on 15-3-1991 confined to the question of punishment.

2. Leave granted. Heard learned counsel on both sides.

3. The appellant had unblemished record of service all through till 1989. Pursuant to the promotion given to him as Inspector, he was to deposit the service revolver and six live cartridges. It is his case that he had to share a room with two other colleagues as a consequence of which the revolver and six cartridges were lost and unaccounted for. Therefore, exclusive liability may not be appropriate.

4. There is an element of possibility in the contention. In view of the previous unblemished record of service and the plausible explanation offered by the appellant, we are of the opinion that the extreme punishment of dismissal from service may not be warranted. Accordingly, we direct the respondents to modify the punishment of dismissal as one of compulsory retirement so that the appellant would be entitled to retiral benefits.

5. The appeal is accordingly allowed. There shall be a direction to the respondents to issue appropriate orders as directed above. Consequently, the appellant would be entitled to all the terminal benefits which must be computed and paid within six months from the date of receipt of this order. His pension is also directed to be released within the above period. No costs.

For Citation: (1995) 5 SCC 682

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